C 148/14 EN Official Journal of the European Union 26.4.2021

GENERAL COURT

Judgment of the General Court of 24 February 2021 — Universität Koblenz-Landau v EACEA (Case T-108/18) (1) (Arbitration clause — Tempus IV Programmes — Grant agreements — Contractual nature of the dispute — Reclassification of the action — Eligible costs — Systemic and recurrent irregularities — Full repayment of amounts paid — Proportionality — Right to be heard — Obligation to state reasons — Article 41 of the Charter of Fundamental Rights) (2021/C 148/18) Language of the case: German

Parties Applicant: Universität Koblenz-Landau (Mainz, Germany) (represented by: C. von der Lühe and I. Felder, lawyers)

Defendant: Education, Audiovisual and Culture Executive Agency (EACEA) (represented by: H. Monet, acting as Agent, and by R. van der Hout and C. Wagner, lawyers)

Re: Application principally under Article 263 TFEU seeking annulment of the letters of 21 December 2017 and 7 February 2018 of the EACEA relating to the amounts paid to the applicant in the context of grant agreements concluded for the implementation of three projects in the field of higher education and, alternatively, under Article 272 TFEU for a declaration that the right to recovery claimed is not established.

Operative part of the judgment The Court:

1. Dismisses the action;

2. Orders Universität Koblenz-Landau to pay the costs.

(1) OJ C 166, 14.5.2018.

Judgment of the General Court of 24 February 2021 — Universität Koblenz-Landau v EACEA (Case T-606/18) (1) (Arbitration clause — Tempus Programmes — Grant agreement — Eligible costs — Suspension of payments — Repayment of amounts paid — Obligation to state reasons) (2021/C 148/19) Language of the case: German

Parties Applicant: Universität Koblenz-Landau (Mainz, Germany) (represented by: C. von der Lühe and I. Felder, lawyers)

Defendant: Education, Audiovisual and Culture Executive Agency (represented by: H. Monet, acting as Agent, and R. van der Hout and C. Wagner, lawyers) 26.4.2021 EN Official Journal of the European Union C 148/15

Re: Application under Article 272 TFEU asking the General Court, first, to declare that the EACEA is not owed a debt of EUR 22 452,22, to which the latter claims to be entitled in respect of the performance of Grant Agreement No. 2012-3075 concerning the implementation of the project ‘Qualification Frameworks in Central Asia: Bologna-Based Principles and Regional Coordination’, and, secondly, to order EACEA to pay the applicant a sum of EUR 41 408,15 under that agreement, together with default interest.

Operative part of the judgment The Court:

1. Dismisses the action;

2. Orders Universität Koblenz-Landau to pay the costs.

(1) OJ C 427, 26.11.2018.

Judgment of the General Court of 3 March 2021 — Barata v Parliament (Case T-723/18) (1) (Civil service — Officials — Promotion — Certification procedure — Exclusion of the applicant from the final list of officials entitled to take part in the training programme — Article 45a of the Staff Regulations — Action for annulment — Communication by registered letter — Article 26 of the Staff Regulations — Registered letter not collected by the person to whom it was addressed — Starting point of the period prescribed for instituting proceedings — Admissibility — Obligation to state reasons — Right to be heard — Principle of sound administration — Proportionality — Rules on the use of languages) (2021/C 148/20) Language of the case: English

Parties Applicant: João Miguel Barata (Evere, Belgium) (represented by: G. Pandey, D. Rovetta and V. Villante, lawyers)

Defendant: European Parliament (represented by: J. Steele and I. Terwinghe, acting as Agents)

Re: Application under Article 270 TFEU seeking annulment of the decision of 23 July 2018, the act of 7 December 2017, the act of 21 December 2017, the letter of 1 March 2018, the letter of 22 March 2018 concerning the applicant’s candidacy in the 2017 certification procedure and the notice of internal competition of 22 September 2017.

Operative part of the judgment The Court:

1. Dismisses the action;

2. Orders João Miguel Barata to pay the costs.

(1) OJ C 72, 25.2.2019.